ISLAMABAD: The Islamabad High Court (IHC), Tuesday, ordered to de-seal the Pakistan Tehreek-e-Insaf (PTI)’s Central Secretariat sealed by the Capital Development Authority (CDA).
A single bench of IHC comprising Justice Saman Rafat Imtiaz announced the verdict which she had reserved after hearing arguments of both sides in the petition seeking de-sealing of PTI’s Headquarters situated in G-8/4 Islamabad.
The petition, filed by the party’s Secretary General Omar Ayub, urged the court to declare the CDA’s demolition order illegal. The petition cited the secretary of interior, chief commissioner, chairman CDA, IG, and others as respondents.
Justice Saman observed in its verdict that it was clear and apparent that CDA had failed to establish that the sealing of the subject property was carried out after the issuance of the mandatory notices and passing of the sealing order as per the various provisions of the CDA Ordinance and its Regulations and which was also a requirement of natural justice that had to be read into every statute as per settled law.
She noted, “For the foregoing reasons, the petition is allowed. The respondents are directed to de-seal the subject property with immediate effect.” “However, it is clarified that CDA may take action strictly in accordance with law in case of any non-conformity or violation of the applicable laws,” added the judge.
During the hearing, the petitioner submitted that no notice or show cause notice was ever served upon the petitioner party prior to sealing of the subject premises and that no evidence of service of the purported notice dated 05.9.2022 or show cause notice dated 04.9.2023 has been produced by the CDA.
He pointed out that the purported sealing order dated 10.5.2024 was neither addressed nor copied to the petitioner party.
He contended that the mala fide of CDA was evident from the notice dated 14.6.2022 issued to Sartaj Ali who was the previous owner of the subject premises from whom the petitioner party had purchased the subject premises in the year 2020 which is evident from the transfer letter dated 30-7-2020 issued by the CDA itself.
The IHC bench pointed that the CDA had relied upon notice dated 05.9.2022 and show cause notice dated 04.9.2023 to show that sealing order dated 10.5.2024 was passed after complying with all pre-requisites under Regulation 2.17 of the Regulations, 2020 as well as in compliance of natural justice requirements.
The judge noted that strangely enough, the show cause notice dated 04.9.2023 refers to a notice dated 14.6.2022 which was issued to the previous owner of the Subject Premises namely, Sartaj Ali. She said it was noteworthy that admittedly the subject premises stood transferred in the name of the petitioner party vide transfer letter dated 30.7.2020. Yet no explanation has been offered by CDA to explain why such [a] letter was sent to the previous owner at his address and not the petitioner party at the subject premises which is admittedly the current owner of the subject premises. There is also no explanation why the show cause notice dated 04.9.2023 does not refer to the notice purportedly sent to the owner/occupant at the subject premises on 05.9.2022.
The judge also said that most importantly, no receipt of service of such notice/show cause notice is on record. “In view of the foregoing it is clear that a register maintained by CDA is not sufficient proof of service and no purpose will be served by calling for the same,” said the bench.
In his petition, the PTI leader said that neither any order nor any notice was ever served upon the petitioner, hence, the impugned act of the respondents is due to mala fide intention, blackmailing, without due process of law and violation of principle of natural justice and also contrary to Article 4 and 10-A of the Constitution.
The petitioner argued that PTI, through its members Arshad Dad and Naseemur Rehman, purchased commercial plot Number 1-A situated at Shopping Centre, Sector G-8/4-2 from Sartaj Ali in 2020.
Copyright Business Recorder, 2024